Proceedings upon appeals of judges, public prosecutors and deputy-public prosecutors against decisions on termination of their function

A judge has the right to appeal before the Constitutional Court against the High Judicial Council decision on termination of his judicial function. An appeal may be filed also against other High Judicial Council's decisions.  This appeal represents a special legal remedy for immediate protection of a dismissed judge, public prosecutor or deputy-public prosecutor, and hence it is not the constitutional appeal, as is evident from the very name of this legal remedy (as opposed to the constitutional appeal, this appeal is addressed by the Constitution as just an „appeal“), as well as from the fact that the Constitution explicitly stipulates that an appeal filed on these grounds excludes the right to file a constitutional appeal. Normally, the appeal may be filed with the Constitutional Court within 30 days from the date of having been served the decision, and the body which adopted the decision on dismissal has the right to reply to the appeal within 15 days from the date of having been served the appeal.

After the deadline for serving its reply to the appeal has expired, the Constitutional Court schedules a hearing to which both the appellant and the representative of the body which adopted the decision on dismissal are summoned.

Just as in proceedings on a constitutional appeal, the Constitutional Court decides on the merits by adopting a decision which may either uphold the appeal and annul the decision on dismissal or reject the appeal. A Constitutional Court's decision takes legal effect from the date it has been served to the parties to the proceedings.